Case Detail

FOIA Project Annotation: A federal court in New York has ruled that the Executive Office for Immigration Review conducted an adequate search for records reflecting non-emergency motions filed in challenges to removal orders after it provided evidence that such motions are not tracked in its Case Access System for EOIR (CASE) and could only be located by conducting a search of hard-copy records located in multiple offices, but not for records related to training materials. The American Immigration Council and the Kathryn O. Greenberg Immigration Justice Clinic at the Benjamin N. Cardozo School of Law submitted two requests to EOIR for data related to both emergency and non-emergency motions to stay removal filed with motions to reopen or motions to reconsider. The first request was for fiscal years 2015 through 2018, while the second request covered the period of 2008 through 2014. The requests also asked for training materials on how to deal with motions to reconsider or reopen removal proceedings. EOIR made seven separate disclosures. The only remaining issues were how to locate the non-emergency motions as well as the existence of training materials. The agency argued that the only way to find such motions was to search hard-copy files, which was too burdensome. The requesters, however, urged the court to require the agency to look for responsive records in the CASE database. Judge Denise Cote, noted, however, that "as stated in numerous declarations submitted by the agency, non-emergency stays are not tracked in CASE. Although the Comments tab in CASE may contain a 'notation,' notations are 'infrequent' and 'not routine practice. . .[T]he information sought by the plaintiffs with respect to non-emergency stays â€" dates the motions to stay and underlying motions to reopen or motions to reconsider were filed and decided, to outcomes of those motions, and whether changed circumstances formed the basis of those outcomes â€" would not be recorded in the Comments tab in CASE. Thus, a search of CASE would not uncover records responsive to the plaintiffs' request." Turning to the issue of training materials, Cote found the agency had not adequately explained it search. She pointed out that "the EOIR is correct that the adequacy of an agency's search is measured by its methods, not its results. The problem here is just that. Short of stating who it asked to search for responsive records, the EOIR has not explained how, i.e., by what method, those searches were undertaken."
Issues: Adequacy - Search, Choice of format - Burdensome

Date Filed	Doc #	Docket Text
2019-07-17	1	COMPLAINT against Executive Office For Immigration Review, U.S. DEPARTMENT OF JUSTICE. (Filing Fee $ 400.00, Receipt Number ANYSDC-17260790)Document filed by American Immigration Council, Immigrant Defense Project, American Immigration Attorneys Association. (Attachments: # 1 Exhibit FOIA Request, # 2 Exhibit FOIA Receipt)(Winger, Emma) (Entered: 07/17/2019)
2019-07-17	2	CIVIL COVER SHEET filed. (Winger, Emma) (Entered: 07/17/2019)
2019-07-17	3	RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by American Immigration Attorneys Association, American Immigration Council, Immigrant Defense Project.(Winger, Emma) (Entered: 07/17/2019)
2019-07-17	4	MOTION for Emma Curtis Winger to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-17261186. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by American Immigration Attorneys Association, American Immigration Council, Immigrant Defense Project. (Attachments: # 1 Affidavit Affidavit of Emma Winger, # 2 Exhibit Certificate of Good Standing, # 3 Text of Proposed Order Proposed Order)(Winger, Emma) (Entered: 07/17/2019)
2019-07-17		>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 4 MOTION for Emma Curtis Winger to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-17261186. Motion and supporting papers to be reviewed by Clerk's Office staff. . The document has been reviewed and there are no deficiencies. (jc) (Entered: 07/17/2019)
2019-07-18		CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Alison J. Nathan. Please download and review the Individual Practices of the assigned District Judge, located at http://nysd.uscourts.gov/judges/District . Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at http://nysd.uscourts.gov/ecf_filing.php . (pne) (Entered: 07/18/2019)
2019-07-18		Magistrate Judge Robert W. Lehrburger is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: http://nysd.uscourts.gov/forms.php . (pne) (Entered: 07/18/2019)
2019-07-18		Case Designated ECF. (pne) (Entered: 07/18/2019)
2019-07-18		***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Emma Curtis Winger. The party information for the following party/parties has been modified: U.S. Department of Justice, American Immigration Lawyers Association. The information for the party/parties has been modified for the following reason/reasons: party name contained a typographical error; party name was entered in all caps. (pne) (Entered: 07/18/2019)
2019-07-18	5	MOTION for Claudia Valenzuela to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-17267919. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by American Immigration Council, American Immigration Lawyers Association, Immigrant Defense Project. (Attachments: # 1 Affidavit, # 2 Exhibit, # 3 Text of Proposed Order)(Valenzuela, Claudia) (Entered: 07/18/2019)
2019-07-18		>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 5 MOTION for Claudia Valenzuela to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-17267919. Motion and supporting papers to be reviewed by Clerk's Office staff. . The document has been reviewed and there are no deficiencies. (bcu) (Entered: 07/18/2019)
2019-07-18	6	FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST As To - REQUEST FOR ISSUANCE OF SUMMONS as to U.S. Attorney for the Southern District of New York, re: 1 Complaint,. Document filed by American Immigration Council, American Immigration Lawyers Association, Immigrant Defense Project. (Winger, Emma) Modified on 7/19/2019 (dnh). (Entered: 07/18/2019)
2019-07-18	7	FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST As To - REQUEST FOR ISSUANCE OF SUMMONS as to U.S Attorney General, re: 1 Complaint,. Document filed by American Immigration Council, American Immigration Lawyers Association, Immigrant Defense Project. (Winger, Emma) Modified on 7/19/2019 (dnh). (Entered: 07/18/2019)
2019-07-18	8	REQUEST FOR ISSUANCE OF SUMMONS as to U.S. Department of Justice, re: 1 Complaint,. Document filed by American Immigration Council, American Immigration Lawyers Association, Immigrant Defense Project. (Winger, Emma) (Entered: 07/18/2019)
2019-07-18	9	REQUEST FOR ISSUANCE OF SUMMONS as to Executive Office for Immigration Review, re: 1 Complaint,. Document filed by American Immigration Council, American Immigration Lawyers Association, Immigrant Defense Project. (Winger, Emma) (Entered: 07/18/2019)
2019-07-19	10	ELECTRONIC SUMMONS ISSUED as to U.S. Department of Justice. (dnh) (Entered: 07/19/2019)
2019-07-19	11	ELECTRONIC SUMMONS ISSUED as to Executive Office For Immigration Review. (dnh) (Entered: 07/19/2019)
2019-07-19		***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Emma Curtis Winger to RE-FILE Document No. 7 Request for Issuance of Summons, 6 Request for Issuance of Summons. The filing is deficient for the following reason(s): 'As to' Error; Summonses may only be issued to official parties of record listed in the pleading caption. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (dnh) (Entered: 07/19/2019)
2019-07-22	12	ORDER granting 4 Motion for Emma Curtis Winger to Appear Pro Hac Vice (HEREBY ORDERED by Judge Alison J. Nathan)(Text Only Order) (Nathan, Alison) Transmission to Attorney Services/Help Desk. (Entered: 07/22/2019)
2019-07-22	13	ORDER granting 5 Motion for Claudia Valenzuela to Appear Pro Hac Vice (HEREBY ORDERED by Judge Alison J. Nathan)(Text Only Order) (Nathan, Alison) Transmission to Attorney Services/Help Desk. (Entered: 07/22/2019)
2019-07-30	14	AFFIDAVIT OF SERVICE. Executive Office For Immigration Review served on 7/22/2019, answer due 8/12/2019; U.S. Department of Justice served on 7/22/2019, answer due 8/12/2019. Service was made by Mail. Document filed by American Immigration Council; Immigrant Defense Project; American Immigration Lawyers Association. (Attachments: # 1 Exhibit Certified Mail Receipts, # 2 Exhibit Proof of Delivery)(Winger, Emma) (Entered: 07/30/2019)
2019-08-27	15	NOTICE OF APPEARANCE by Christopher Kendrick Connolly on behalf of Executive Office For Immigration Review, U.S. Department of Justice. (Connolly, Christopher) (Entered: 08/27/2019)
2019-08-27	16	LETTER MOTION for Extension of Time to File Answer re: 1 Complaint, addressed to Judge Alison J. Nathan from AUSA Christopher Connolly dated August 27, 2019. Document filed by Executive Office For Immigration Review, U.S. Department of Justice.(Connolly, Christopher) (Entered: 08/27/2019)
2019-08-27	17	ORDER granting 16 Letter Motion for Extension of Time to Answer re 1 Complaint. SO ORDERED. Executive Office For Immigration Review answer due 9/27/2019; U.S. Department of Justice answer due 9/27/2019 (Signed by Judge Alison J. Nathan on 8/27/2019) (kv) (Entered: 08/27/2019)
2019-08-29	18	NOTICE OF INITIAL PRETRIAL CONFERENCE: Parties ordered to submit via ECF proposed case management plan and joint letter seven days before conference. (As further set forth in this Order.) Initial Conference set for 11/8/2019 at 03:15 PM in Courtroom 906, 40 Centre Street, New York, NY 10007 before Judge Alison J. Nathan. (Signed by Judge Alison J. Nathan on 8/29/2019) (jca) (Entered: 08/29/2019)
2019-09-26	19	LETTER MOTION for Extension of Time to File Answer re: 1 Complaint, addressed to Judge Alison J. Nathan from AUSA Christopher Connolly dated September 26, 2019. Document filed by Executive Office For Immigration Review, U.S. Department of Justice.(Connolly, Christopher) (Entered: 09/26/2019)
2019-09-26	20	ORDER granting 19 Letter Motion for Extension of Time to Answer: SO ORDERED. (Executive Office For Immigration Review answer due 10/28/2019; U.S. Department of Justice answer due 10/28/2019.) (Signed by Judge Alison J. Nathan on 9/26/2019) (jwh) (Entered: 09/26/2019)
2019-10-03	21	ORDER: Due to the Court's unavailability, the initial pretrial conference previously scheduled for Friday, November 8, 2019 at 3:15 p.m. is hereby adjourned to Thursday, November 21, 2019 at 3:15 p.m. (Initial Conference set for 11/21/2019 at 03:15 PM before Judge Alison J. Nathan.) (Signed by Judge Alison J. Nathan on 10/3/2019) (rro) (Entered: 10/03/2019)
2019-10-25	22	LETTER MOTION for Extension of Time to File Answer re: 1 Complaint, addressed to Judge Alison J. Nathan from AUSA Christopher Connolly dated October 25, 2019., LETTER MOTION to Adjourn Conference addressed to Judge Alison J. Nathan from AUSA Christopher Connolly dated October 25, 2019. Document filed by Executive Office For Immigration Review, U.S. Department of Justice.(Connolly, Christopher) (Entered: 10/25/2019)
2019-10-28	23	ORDER granting 22 Letter Motion for Extension of Time to Answer re 1 Complaint; granting 22 Letter Motion to Adjourn Conference. The deadline for the Government to respond to Plaintiffs' Complaint is hereby extended to December 2, 2019. The Initial Pretrial Conference in this matter is hereby rescheduled to December 13, 2019 at 3 :45 p.m. SO ORDERED. Executive Office For Immigration Review answer due 12/2/2019; U.S. Department of Justice answer due 12/2/2019; (Initial Conference set for 12/13/2019 at 03:45 PM before Judge Alison J. Nathan.). (Signed by Judge Alison J. Nathan on 10/28/2019) (kv) (Entered: 10/28/2019)
2019-11-25	24	LETTER MOTION to Adjourn Conference addressed to Judge Alison J. Nathan from AUSA Christopher Connolly dated November 25, 2019., LETTER MOTION for Extension of Time to File Answer re: 1 Complaint, addressed to Judge Alison J. Nathan from AUSA Christopher Connolly dated November 25, 2019. Document filed by Executive Office For Immigration Review, U.S. Department of Justice.(Connolly, Christopher) (Entered: 11/25/2019)
2019-11-26	25	ORDER: Due to the Court's unavailability, the initial pre-trial conference previously scheduled for Friday, December 13, 2019 at 3:45 p.m. is hereby rescheduled for Wednesday, December 11, 2019 at 3 p.m. (Initial Conference set for 12/11/2019 at 03:00 PM before Judge Alison J. Nathan.) (Signed by Judge Alison J. Nathan on 11/26/2019) (rro) (Entered: 11/26/2019)
2019-11-27	26	ORDER granting 24 Letter Motion to Adjourn Conference; granting 24 Letter Motion for Extension of Time to Answer re 1 Complaint. The deadline for the Government to respond to Plaintiffs' Complaint is hereby extended to January 6, 2020. The Initial Pretrial Conference in this matter is hereby rescheduled to February 14, 2020 at 3:45 p.m. SO ORDERED. Executive Office For Immigration Review answer due 1/6/2020; U.S. Department of Justice answer due 1/6/2020 (Initial Conference set for 2/14/2020 at 03:45 PM before Judge Alison J. Nathan.) (Signed by Judge Alison J. Nathan on 11/27/2019) (kv) (Entered: 11/27/2019)
2020-01-02	27	LETTER MOTION to Adjourn Conference addressed to Judge Alison J. Nathan from AUSA Christopher Connolly dated January 2, 2020., LETTER MOTION for Extension of Time to File Answer re: 1 Complaint, addressed to Judge Alison J. Nathan from AUSA Christopher Connolly dated January 2, 2020. Document filed by Executive Office For Immigration Review, U.S. Department of Justice.(Connolly, Christopher) (Entered: 01/02/2020)
2020-01-10	28	ORDER granting 27 Motion to Adjourn Conference; granting 27 Motion for Extension of Time to Answer. SO ORDERED. (Signed by Judge Alison J. Nathan on 1/8/2020) (va) (Entered: 01/10/2020)
2020-02-03	29	STATUS REPORT. Document filed by Executive Office For Immigration Review, U.S. Department of Justice..(Connolly, Christopher) (Entered: 02/03/2020)
2020-02-05	30	MEMO ENDORSEMENT on re: 29 Status Report filed by U.S. Department of Justice, Executive Office For Immigration Review. ENDORSEMENT: SO ORDERED. (Signed by Judge Alison J. Nathan on 2/5/2020) (kv) (Entered: 02/05/2020)
2020-03-02	31	STATUS REPORT. Document filed by Executive Office For Immigration Review, U.S. Department of Justice..(Connolly, Christopher) (Entered: 03/02/2020)
2020-03-06	32	MEMO ENDORSEMENT on re: 31 Status Report filed by U.S. Department of Justice, Executive Office For Immigration Review. ENDORSEMENT: SO ORDERED. (Signed by Judge Alison J. Nathan on 3/3/2020) (ks) (Entered: 03/06/2020)
2020-04-01	33	STATUS REPORT. Document filed by Executive Office For Immigration Review, U.S. Department of Justice..(Connolly, Christopher) (Entered: 04/01/2020)
2020-04-06	34	ORDER... It is hereby ORDERED that the above-captioned action is discontinued without costs to any party and without prejudice to restoring the action to this Court's calendar if the application to restore the action is made within thirty (30) days. To be clear, any application to reopen must be filed within thirty days of this Order; any application to reopen filed thereafter may be denied solely on that basis. All scheduled conferences are hereby adjourned. Within the thirty-day period provided for in this Order, the parties may submit to the Court their own Stipulation of Dismissal for the Court to So Order. Pursuant to Rule 5.A. of the Court's Individual Practices in Civil Cases, the Court will not retain jurisdiction to enforce a settlement agreement unless the terms of the agreement are made part of the public record. SO ORDERED. (Signed by Judge Alison J. Nathan on 4/6/20) (yv) (Entered: 04/06/2020)
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